On April 19, 2004, Petitioner filed a
complaint of discrimination pursuant to Florida Civil Rights Act
of 1992, Sections 760.01-760.11, Florida Statutes (2001),
alleging that the Respondent committed an unlawful employment
practice when she was unfairly treated at work and, ultimately,
terminated because of her sex, national origin and in
retaliation. The allegations set forth in the complaint were
investigated and on July 21, 2004, the Executive Director issued
his determination that the Commission had no jurisdiction over
the complaint because the respondent was not an employer as
defined in § 760.02(7), Florida Statutes (2003), and the
Complainant was also an independent contractor. The Petitioner
filed a Petition for Relief and on August 19, 2004, the ALJ
issued an Order to Show Cause. Both Petitioner and Respondent
filed a response.
Judge Barbara J. Staros, issued a Recommended
Order of Dismissal dated September 10, 2004.
The Commission panel designated below
considered the record of this matter and determined the action
to be taken on the Recommended Order.
.
Findings of Fact and Conclusions of
Law
Judge Staros’s order states that the
Respondent asserted that the statutory requirement of §
760.02(7), Florida Statutes (2003), has not been met as found in
the FCHR’s determination. The Petitioner’s response addressed
the issue of independent contractor. However, nothing in her
response or in the file indicated that the 15-employee
jurisdictional requirement was in dispute.
We adopt the Administrative Law Judge’s
finding as to the fact that the Petitioner did not show that the
Respondent employed 15 or more persons as required by §
760.02(7), Florida Statutes (2003) and conclude that the
Commission lacks jurisdiction to pursue the complaint.
Exceptions
Neither party filed any
exceptions to the Recommended Order.
Dismissal
The Request for Relief and Complaint of
Discrimination are DISMISSED with prejudice.
The parties have the right to seek judicial review of this
Order. The Commission and the appropriate District Court of
Appeal must receive notice of appeal within 30 days of the date
this Order is filed with the Clerk of the Commission.
Explanation of the right to appeal is found in Section 120.68,
Florida Statutes, and in the Florida Rules of Appellate
Procedure 9.110.
Done and Ordered this 7th day of December, 2004.
For The Florida Commission on Human Relations.
